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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles do not contain any fact when the victim's face is taken, and the victim's booms the victim's breath to defend himself by unilaterally being assaulted by the victim. Thus, the above act of the defendant constitutes legitimate self-defense or legitimate act.
B. The lower court’s sentence of unreasonable sentencing (fine 500,000) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts and misapprehension of legal principles, the defendant can be found to have committed assault from the victim F at the time and place indicated in the facts charged of this case, against the victim F, and can be found to have taken the victim's face in drinking, and the defendant's above act constitutes an attack actively committed against the victim beyond getting out of the victim's attack.
Therefore, it cannot be said that it constitutes legitimate act of self-defense or social reasonableness against illegal infringement by the other party.
The above argument by the defendant cannot be accepted.
B. It is recognized that the defendant was assaulted by the victim first, and the victim was not subject to punishment of the defendant.
However, the defendant has been punished several times for the same crime, and there is no change in circumstances that can reduce the punishment of the court below in the trial.
In addition, in full view of the Defendant’s age, character and conduct, motive, means and consequence of the crime, circumstances after the crime, relationship between the Defendant and the victim, and all the circumstances surrounding the sentencing conditions indicated in the instant records and arguments, such as sentencing guidelines, the lower court’s sentence is unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so ordered as per Disposition.